Klausner ruled: "The terms of the [1994] provision do not address any obligation regarding trademark registration or negotiations with individual retail merchandisers. Moreover, in reviewing the other provisions contained in the 1994 Agreement, the Court also finds no other terms that govern the parties' conduct as it pertains to trademarking and licensing."

A statement from the band (via Altpress) in response to the April 3 lawsuit explained that Jerry Only secured exclusive legal right to tour and record as the Misfits in 1995, and that Danzig made clear that he wanted no public association with the Misfits. It described Danzig's lawsuit as "a sour grapes tantrum based on outrageous allegations, the majority of which are completely false, while others are ill conceived and grossly misguided – and will be proven false in court".